HomeMy WebLinkAboutCC 1 MINUTES 08-15-88MINUTES OF A REGULAR ~ETIr'
OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA
AUGUST 1, 1988
I. CALL TO ORDER/PLEDGE OF AJ. LEGIANCE/INVOCATION
The meeting was called to order by Mayor Hoesterey at 7:00 p.m. in the
City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was
led by Councilman Edgar and the Invocation was given by Mayor Pro Tem
Kennedy.
I I. ROLL CALL
Councilpersons Present: Ronald B. Hoesterey, Mayor
Ursula E. Kennedy, Mayor Pro Tern
Ri chard B. Edgar
John Kelly
Earl J. Prescott
Counci 1 persons Absent: None
Others Present: William A. Huston, City.Manager
James G. Rourke, City Attorney
Mary E. Wynn, City Clerk
Christi ne Shi ngl eton, Di r. of Comm. Development
Fred Wakefield, Acting Chief of Police
Robert Ledendecker, Director of Public Works
Royleen White, Dir. of Comm. & Adm. Services
Ronald A. Nault, Finance Director
Valerie Whiteman, Deputy City Clerk
Lloyd Dick, Building Official
Susan Jones, Recreation Superintendent
Approximately 40 in the audience
III. PRESENTATION
1. CHILI COOK-OFF PROCEEDS
Margarete Thompson, Honorary Chairperson of the Chili Cook-Off
Committee, presented checks in the amount of $3,250 each to the
Graduation Night Endowment Funds of Tustin High School and Foothill
High School. Jerry and Diane Aust received the check on behalf of
Foothill High School and Tom and Linda Aufdemberg accepted on behalf
of Tustin High School.
Mr. Aufdemberg thanked the Council and the organizers of the Chili
Cook-Off for the outstanding support given to the Grad Nights of
both high schools. He commented about the number of seniors kept
safe and secure on their graduation night and noted that Tustin is
not only a trend setter in the County, but highly regarded by the
other school districts because of the interlocking web of community
support and active volunteers.
I V. PROCLANATI ON
1. LION BRUCE MDREHEAD
Mayor Hoesterey read and presented the proclamation to Bruce
M~rehead congratulating him on his election as District Governor of
Lions International District 4L4 for 1988-89.
Mr. Morehead extended his appreciation of the honor to the Council
and thanked his family and fellow Lions for making this achievement
possible.
2. PORTER WYNN, MINISTER OF TUSTIN FIRST CHRISTIAN CHURCH
Mayor Hoesterey then announced a proclamation that was not on the
agenda for Porter Wynn, who was retiring as Minister of the First
Christian Church of Tustin after thirteen years.
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Ve
After Mayor Hoesterey read and presented the proclamation, Mr. Wynn
stated that he and his wife Mary, the City Clerk, had visited their
former homes occupied during his 40 years of ministering, but Tustin
will be their permanent home because "there's no place like Tustin".
PUBLIC HEARINGS
1. 1988-89 SOLID WASTE COLLECTION FEES TAX ROLL ASSESSMENT
Ronald Nault, Director of Finance, reported that Resolution No.
88-86 adopted the report which identified each parcel in the City by
the number of units and the ~proposed assessment for solid waste
collection during 1988-89. Under normal conditions, rates would
have increased in accordance wi th existing agreements based on
factors~that relate to the cost of trash collection. Additionally,
on January 1, the County landfill fees will increase from $6.00 per
ton to $9.50 per ton with another increase to over $11.00 per ton on
July 1, 1989. The proposed increased rates for single residential
units up to 3 units would be $72.72 per year and the new rate of
$77.28 per unit was for commercial can rate. The $72.72 rate
represented a 10.58% increase, the majority of which was gate fees.
Public notices were sent to all parcels affected by these new rates.
Councilman Kelly questioned the legality of increasing taxes over 2%
per year.
Ronald Nault explained that these were not taxes, but assessments to
recover the direct cost of trash collection.
Mayor Pro Tem Kennedy asked for a definition of "commercial can".
Ronald Nault responded that a commercial can is used in areas unable
to have a bin at their location due to lack of space. An effort is
being made to enforce the bin requirement as much as possible, but
commercial cans are used when space will not accommodate a bin.
Councilman Prescott asked (1) if the residents now beginning to pay
a commercial can charge had in the past received an assessment
notice, (2) were there some commercial can users now being assessed
who had not paid a charge in the past (3) have these residents
received written notice of assessment and {4) how many total parcels
in Tustin were assessed.
Ronald Nault responded (1) that public notices were published for
two weeks, direct notices had been sent to all parcel numbers
considered commercial can users and no notice had been given in
prior years, (2) that there may have been some areas previously
missed and not charged because commercial cans had been included as
a cost of the City, (3) that the City had sent 600 notices of
assessment and (4) that the total assessment was .on approximately
6,000 parcels.
Mayor Hoesterey opened the Public Hearing at 7:17 p.m.
,Onnalee Elliot was concerned because she felt residents were already
paying double for garbage collection on the tax bill and now the
City was adding it again with an increase.
Mayor Hoesterey responded that it was a one-line item assessment on
the property tax bill and was an inexpensive way of collecting fees
rather than mailing individual monthly bills.
There were no other speakers on the matter and the Public Hearing
was closed at 7:20 p.m.
Mayor Pro Tern Kennedy commented that she had previously wanted the
City to continue paying for trash collection out of the general fund
but learned that the City was only paying for the residential and
apartments and commercial/professional users were paying for their
own. It was decided, with difficulty, to charge everyone and now
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Page 3, 8-1-88
the fee was being raised to cover a gate fee and a slight increase
in cost.
Councilman Kelly said this had been one of tile controversial issues
he had first encountered as a Councilmember. He had viewed it as
"slick bookkeeping" and believed it began at a seminar held by the
League 'of Cities where it was suggested to eliminate the fee from
the General Fund and return it to the residents as a $350,000 tax
increase. He wanted each resident to pay the hauler and eliminate
City involvement.
Mayor Hoesterey commented that the City rates are 'over 15% lower
than the surrounding unincorpor~ated areas for trash service and
$6.00 per month for trash ~removal was not an exorbitant rate.
The County had increased their fees to assist in the cost of the new
landfills. On the history of this issue, there had been a small
segment of the community receiving free trash service. The inequity
was brought to the Council's attention and corrected. The City of
Irvine and the County areas pay $82.00 and Tustin provides the same
service for $72.00.
It was movedI ibJ/llEd~ar, seconded by Kennedj/, to adopt the following:
RESOLUTION NO. 88-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ADOPTED PURSUANT TO THE PROVISIONS OF SECTION
5473 ET SEQ. OF THE HEALTH AND SAFETY CODE OF THE STATE OF
CALIFORNIA, FINALLY APPROVING AND ADOPTING A REPORT RELATIVE TO
PARCELS OF REAL PROPERTY RECEIVING SOLID WASTE COLLECTION SERVICES,
DETERMINING THE CHARGES FOR SOLID WASTE COLLECTION TO BE ASSESSED
AGAINST THE RESPECTIVE LOTS OR PARCELS OF LAND AS THEY APPEAR ON THE
CURRENT ASSESSMENT ROLL
Councilman Edgar wanted it noted that Tustin was the last City in
Orange County to charge a trash collection fee.
Councilman Prescott stated his figures indicate a $19 million
operating budget excluding capital improvements such as streets,
storm drains, etc. The City spends approximately $9.00 per day on
each house and it would take only eight days to pay the $72.00
annual assessment for trash collection. He believed it was a tax
increase to the property owners four years ago. The City should
spend money on City services; not on building different bureau-
cracies in the City. The primary function as a City was to provide
police, fire and various health and safety related issues. He was
supportive of the City paying the trash fees and taking 8 days out
of 365 to do it would be inexpensive. Government has found it too
easy to create political patronage bureaucracies to insure
reelection instead of providing benefits for everyone. A paid trash
collection fee would be a form of tax rebate and would benefit
everyone.
Mayor Hoesterey said that there is action being taken to insure
reelections and he would be thankful when November was over. Then
the Council could discuss the issues of the City instead of giving
campaign speeches on every matter brought before the Council.
·
The motion carried 3-2, Kelly and Prescott opposed.
VI. PUBLIC INPUT
1. PAYMENT OF TRIPLE PENALTY AGAINST THE SAX OF TUSTIN STORE
Claire McNair, 650 E1 Camino Real, Tustin, explained to the Council
that last month she moved from a smaller store in the E1 Camino
Plaza to a larger one and hired contractors to complete minor
improvements. When flooding occurred during the installation of
new toilets, a neighboring store contacted City Hall and an
inspector was sent to investigate. From the inspector she learned,
for the first time, that permits were required. The completion of
the improvements and required permits resulted in payment of a
triple penalty. In conversations with some Councilmembers, she was
CITY COUNCIL MINUTES
Page 4, 8-1-88
advised to appear before the Council and voice her concern regarding
the triple penalty. She did not intentionally fail to obtain the
required permits. Due to her lack of knowledge of the requirements,
she had opened three other stores without obtaining permits. She
stated that Council and staff had been very supportive and helpful
in trying to resolve the problem.
Christine Shingleton, Director of Community Development, responded
to the question of the triple penalty and stated that the current
fee schedule requires the charging of a double fee when work occurs
without the benefit of a building permit.
Councilman Prescott stated that Mrs. McNair would not do anything
that was intentionally malicious. Penalties should be reserved for
criminals, not for community residents that make an honest mistake.
Mayor Hoesterey requested that this matter be agendized for
discussion and possible action on August 15, 1988. Council
concurred.
2. UNSAFE BICYCLE LANES
Helen Edgar, 13622 Loretta Dr., Tustin, reported on the unsafe
condition that results when automobiles are parked in bike lanes.
She felt that the bike lanes should be marked accordingly and
parking prohibited.
Mayor Hoesterey requested staff to investigate the situation.
3. INTERSECTION OF CARROLL WAY/YORBA STREET AND SEVENTEENTH STREET
Mrs. Edgar also reported the problem of cars turning left against
red lights at the intersection of Carroll Way/Yorba Street and
Seventeenth. Street. She suggested the installation of left turn
arrows or a sign prohibiting left turns.
Mayor Hoesterey requested staff to review the possibility of
reconstruction on Seventeenth Street between Prospect and Yorba to
alleviate the traffic congestion.
VI I. CONSENT CALENDAR
Item No. I was removed from the Consent Calendar by Mayor Pro Tern
ta~.Kelly, second.ed by Edgar, to approve the
Kennedy. It was moved '~ l endar, mot on car
remainder of the Consent The i ri ed 5-0.
2. APPROVAJ_ OF DEMANDS IN THE AMOUNT OF $1,937,178.15
RATIFICATION OF PAYROLL IN THE AMOUNT OF $177,248.65
3. REJECTION OF CLAIM NO. 87-39; CLAIMANT-STEVE WAGONER AND CINDY
BLAKE, DATE OF LOSS-8/5/87, DATE FILED WITH CLTY-11/13/87
Rejected subject claim for personal injuries in the amount of
$500,000 for each claimant as recommended by the City Attorney.
·
4. REJECTION OF CLAIM NO. 88-1; CLAIMANT-ADAM MEAL WEISS, DATE OF
LOSS-11/10/87, DATE FILED WITH CITY-1/7/88
Rejected subject claim for personal injury in the amount of
$2,500 as recommended by the City Attorney.
5. REJECTION OF CLAIM NO. 87-12; CLAIMANT-PAMELA AND JENNIFER VERBURG,
DATE OF LOSS-11/21/87, DATE FILED WITH CITY-2/19/88
Rejected subject claim for personal injuries and property damage
in the amount of $250,000 as recommended by the City Attorney.
6. REJECTION OF CLAIM NO. 88-29; CLAIMANT-PACIFIC BELL, DATE OF
LOSS-2/5/88, DATE FILED WITH CITY-5/2/88
Rejected subject claim for property damage in the amount of
$729.12 as recommended by the City Attorney.
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7. REJECTION OF CLAIM NO. 88-30; CLAIMAI~T-MO~[KA MALONE, DATE OF
LOSS-3/29/88, DATE FILED WITH CITY-5/9/88
Rejected subject claim for property and general damages in the
amount of $5,662.57 as recommended by tile City Attorney.
8. REJECTION OF CLAIM NO. 88-33; CLAIMANT-SHARON BERNADICKT, DATE OF
LOSS-3/g/88, DATE FILED WITH CITY-5/16/88
Rejected subject claim for personal injury in the amount of
$100,000 as recommended by the City Attorney.
..~
9, REJECTION OF CLAIM NO. 88-42; CLAIMANT-TUSTIN UNIFIED SCHOOL
DISTRICT, DATE OF LOSS-12/3/87, ,DATE FILED WITH CITY-6/29/88
Rejected subject .claim for damages of an undetermined amount as
recon~mended by the City Attorney.
10. RESOLUTION NO. 88-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING THE SCHEDULE FOR TUSTIN CITY CODE
VIOLATIONS
Adopted Resolution No. 88-83 amending the Bail Schedule of the
Tustin City Code as recommended by the Police Department.
11. AUTHORIZATION TO ADVERTISE FOR BIDS - KITCHEN EQUIPMENT, TUSTIN AREA
SENIOR CENTER
Approved the specifications for the purchase of kitchen
equipment for the Tustin Area Senior Center and authorized staff
to advertise for bids as recommened by the Community Services
Department.
12o RESOLUTION NO. 88-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND
AUTHORIZING RECORDATION OF NOTICE OF COMPLETION (SIERRA VISTA. KAREN
WAY, JAN MARIE, AND PANKEY WELL SITE WATER MAIN, STREET AND STORM
DRAIN IMPROVEMENTS)
Adopted Resolution No. 88-88 accepting said work and authorizing
the recordation of the Notice of Completion as recommended by
the Public Works Department/Engineering Division.
REIMBURSEMENT AGREEMENT FOR CONSTRUCTION OF DOMESTIC AND RECLAIMED
WATER FACILITIES IN JAJ~BOREE ROAD
Approved the reimbursement agreement between the Irvine Ranch
Water District and the City for the construction of domestic and
reclaimed water facilities within Assessment District No 86-2
(Jamboree Road) and authorized the Mayor to execute said
agreement as recommended by the Public Works Department/
Engineering Division.
14. RESOLUTION NO. 88-89 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR
CONSTRUCTION OF LOWER PETERS CANYON RETARDING BASIN (FACILITY FO6
BO1) AND APPURTENANT FACILITIES, PROJECT NO. 900027, ASSESSMENT
DISTRICT NO. 86-2
Adopted Resolution No. 88-89 authorizing advertising for bids
for this project as recommened by the Public Works Department/
Engineering Division.
15. ~uTHORIZATION TO ADVERTISE FOR BIDS - DONOR RECOGNITION/FOUNDERS'
WALL AND DEDICATION PLAQUES, TUSTIN AREA SENIOR CENTER
Approved the specifications for the purchase of two (2) bronze
cast plaques for the Tustin Area Senior Center and authorized
staff to advertise for bi ds as recommended hy the Community
Services Department.
16. SETTLEMENT OF CLAIM NO. 87-40, CLAIMANT: MARK FERCHLAND
Authorized the settlement of Claim No. 87-40, Mark Ferchland, in
the amount of $9,500 as recommended by the City Attorney.
Consent Calendar Item No. I - Approval of Minutes, July 18, 1988:
Mayor Pro Tem Kennedy requested that the minutes be corrected to reflect
Matt Nisson's appearance at the July 18, 1988 Council Meeting. It was
moved by Kennedy, seconded by .Edgar, to approve the minutes with the
inclusion of Matt Nisson's participation. The motion carried 3-0, Kelly
and Prescott abstained.
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Page 6, 8-1-88
VIII. ORDINANCES FOR INTRODUCTION
1. MINUTES AND RECORDINGS OF CLOSED SESSION
Mayor Pro Tern Kennedy requested a few minutes to read the amendment
revising the Ordinance that had been received from the City
Attorney.
It was moved by Kennedy/, seconded bi/ Prescott, that Ordinance No.
1011 have first reading by title only. The motion carried 5-0.
Following first reading by title only of Ordinance No. 1011 by the
City Clerk it was moved bj/.~ Edgar, seconded by Kennedy, that
Ordinance N~. 1011 be introduced as follows'
ORDINANC~E NO. 1011 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO
MINUTES OF CLOSED SESSIONS OF THE CITY COUNCIL
Mayor Hoesterey asked what process would be' used to control the use
of the tapes, the sealing of the tapes, who would maintain
possession and how would the tapes be safeguarded.
James Rourke, City Attorney, stated that the Ordinance gives the
responsibility of controlling and safeguarding the tapes to the City
Attorney.
Mayor Hoesterey verified with the City Attorney that the Ordinance
states the tapes would only be unsealed in two events: (1) when
requested by the City Council and to be reviewed in a Closed Session
with a quorum of Councilmembers present or (2) upon Court request to
determine if a Brown Act violation had occurred. Tile Mayor had
doubts regarding the Ordinance because of the potential future abuse
through legal manipulation allowing information on personnel matters
and property discussions made available to unauthorized sources
versus having a record that would defend Councilmembers in a Closed
Session against allegations of impropriety and misuse of power. He
would support the Ordinance because it would protect future Councils
from. allegations, but he was still hesitant that, without very tight
control, the tapes could be a source of leaks to the media.
James Rourke stated that as an attorney he has possession of
documents and information that requires him, by law, to maintain
confidentiality.
The motion carried 5-0.
IX. ORDINANCES FOR ADOPTION
1. ORDINANCE NO. 1010 - ZONE CHANGE 88-01 FOR THE PROPOSED TUSTIN~AUTO
CENTER EXPANSION
Ordinance No. 1010 had first reading and introduction at the July
18, 1988, meeting.
Jt was moved by Edgar, seconded by Kellj/., .that Ordinance No. 1010
have second reading by title only. The motion carried 5-0.
Following second reading by title only of Ordinance No. 10'10 by the
City Clerk, it was moved by Ed. gar,. seconded b~ Kennedy., that
Ordinance No. 1010 be passed and adopted as follows:
ORDINANCE NO. 1010 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 88-01 FOR AN
AREA BOUNDED BY THE I-5 FREEWAY, TUSTIN RANCH ROAD, THE EXISTING
SOUTHERLY BORDER OF THE AUTO CENTER AND WEST OF THE EL MODENA
CHANNEL, FROM PLANNED COMMUNITY TO PLANNED COMMUNITY/COMMERCIAL AND
INCLUDING THE INCORPORATION OF PLANNED COMMUNITY REGULATIONS KNOWN
AS THE EAST TUSTIN AUTO CENTER
The motion carried 5-0. (Roll call vote)
CITY COUNCIL MINUTES
Page 7, 8-1-88
AGENDA ORDER
XI. NEW BUSINESS
1. TUSTIN AREA SENIOR CENTER OPERATING PLAN
Councilman Prescott requested this item be considered out of agenda
order to accommodate members of the audience.
Royleen White, Director of Administrative/Community Services, stated
it was a pleasure for staff and the Senior Center Steering Committee
to present the operating plan for the new Tustin Senior Center. The
staff recommendation included the.~appointment of the Senior Advisory
Board. She introduced four of the members of the Senior Center
Advisory~ Board who were present: Lloyd Ebel, Ken Hoesterey, Ruby
May and Margarete Thompson. The Board also included Jan.et Schwartz,
who could not be present. The Steering Committee recommended four
of the members because they were the most senior members of the
committee and wanted to honor them for their service. Those four
then recommended Mr. Ebel to honor his contributions.
It was moved .bi/ Edgar, i.seconded by Kennedy_, to (1) approve in
concept the Senior Center Operating Plan, (2) appoint the inaugural
members of the Senior Center Advisory Board, (3) adopt as policy
that seniors be actively involved in the operation of the center and
(4) adopt as policy that the philosophy of the Center is to provide
programs for seniors at little or no cost.
Councilman Kelly felt that the Ordinance pertaining to bingo should
be eliminated and requested agendizing the matter.
The motion carried 5-0.
X. OLD BUS I NESS
1. STATUS REPORT - JOHN WAYNE AIRPORT (JWA/CRAS/ASC)
It was moved bi/ Ed~)a,r, seconded by Hoesterey, to receive and file
subject report. The motion carried 5-0.
2. PROPOSED SAN JUAN STREET VACATION
It was moved by,, Kenlned~,, seconded b~', Kelly, to direct staff to
commence the street vacation proceedings through the Public Hearing
phase with final action delayed until after the joint City-District
meeti rig.
Councilman Edgar had a concern that delay in Council action would be
a major impediment to Caltrans.
Robert Ledendecker, Director of Public Works, responded that it
would not.
The motion carried 5-0.
3. ,CITY CLERK PRINTING AND MAILING SAMPLE BALLOTS AND CANDIDATES'
STATEMENTS
Councilman Edgar, in response to Councilman Prescott's question
regarding the exact cost, stated that each candidate will submit a
$350.00 deposit to cover the cost of printing and mailing the
candidates' statements to Tustin residents. If the actual cost
is less or exceeds $350.00, the candidates will receive or pay the
balance.
Mayor Hoesterey stated the question before Council, since the cost
to the City was not a factor, was whether to consolidate the
candidates' statements in the County's sample ballot or to print
them separately at the local level.
CITY COUNCIL MINUTES
Page 8, 8-1-88
XI.
Councilman Kelly preferred this be completely handled by the County
since the City Clerk was also a participant in the upcoming election
and officiating over this matter would be a conflict. He was also
surprised at how quickly this Resolution was prepared for the
November election when there was so much difficulty in preparing an
ordinance for campaign reform in time for the November election.
Councilman Prescott questioned the cost and the coverage of that
cost by the candidates.
It was moved bi/ Hoesterej/, seconded by .Edgar, to adopt the
following:
RESOLUTION NO. 88-90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUST~N, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO
THE VOTERS AT AN ELECTION
Mayor Pro Tem Kennedy thought that the whole point of the issue was
whether Tustin wanted their election material to be in a separate
brochure and there was no difference in the cost of a separate
mailing or inclusion with the County.
The motion carried 3-2, Kelly and Prescott opposed.
4. STREET NAMING COt~4ITTEE
Mayor Hoesterey's nomination was Gwen Ferguson.
Mayor Pro Tem Kennedy wanted to know, now that all five members were
appointed, the process for beginning the necessary action.
Christine Shingleton, Director of Community Development, stated that
letters would be sent to committee members to establish a meeting
date. A prioritized list of names would then be prepared for
forwarding to builders to incorporate in their street naming lists.
Mayor Pro Tem Kennedy requested progress reports from the committee.
NEW BUSINESS
1. TUSTIN AREA SENIOR CENTER OPERATING PLAN
Please see page 7 of these minutes.
2. FINANCE COMMITTEE
Councilman Prescott requested this item be continued until after the
November election and at that time have Council discussion on
creating a budget committee to reduce expenses at City Hall.
3. EXPOSED NEON TUBING SIGN REQUEST AT 174 EAST MAIN STREET
Christine Shingleton, Director of Community Development, reported
that the Planning Commission had denied the request of Daddy-O's
~estaurant to use exposed neon tubing. The reasons for denial were
inconsistency with the surrounding area since the Planning
Commission had not approved exterior mounted exposed neon signs in
the Old Town Area and this would set a precedent; provisions in the
E1 Camino Specific Plan required signs to be uniform; and the
Commission felt the existing sign had a cleaner look than neon and
would not be as obtrusive as exposed neon. She also gave a slide
presentation for the Council to view the sign in question.
Paul Martino, Daddy-O's Restaurant at 174 E. Main Street, Tustin,
stated he had originally applied in March, 1988, for an internally
illuminated awning. After 9 weeks, that request was denied but
canned .lettering on an immediate permit basis was approved. The
restaurant did not want that signage because it did not fit their
1950's style. Because they were open for business without a sign,
CITY COUNCIL MINUTES
Page 9, 8-1-88
they agreed to the canned lighting with plans to appeal to the City
Council for approval of the neon sign. He sited several
establishments in the area that had neon signs. He felt the
contemporary canned lettering was not conducive to a 1950's image.
Mayor Hoesterey noticed that the area's history had included
extensive neon and, in fact, the Jabborwocky Building, at one time,
had been the neon tube factory for the City. He felt that with the
revitalization of the downtown area and in trying to capture the
values of local businesses he wanted to reverse the action of the
Planning Commission and allow the~sign.
Ruby May,~1602 Nisson Rd. #Q7, Tustin, stated she had not previously
spoken before the Council, but this matter had upset her. She
admired Mr. Martino's fortitude and aggressiveness and was very much
in favor of the sign.
It was moved bO/ Hoestere~,, seconded b~, Prescott, to reverse the
Planning Commission's decision and approve the neon tubing
sign.
As an addition to the motion, Councilman Prescott requested that
Mr. Martino, whose good taste he trusted, be able to resubmit for
review his first choice which was the internally illuminated awning.
Christine Shingleton clarified that the issue regarding the awning
would be returned to the Council for final action.
The motion carried 5-0.
XII. REPORTS
1. PLAN~ING CO)~4ISSION ACTION AGENDA - JULY 25, 1988
It was moved by Kennedy/I, seconded bi/ Ed~)ar, to ratify the Planning
Commission Action Agenda of July 25, 1988. The motion carried 5-0.
2. PUBLIC CONCERN OF COLU~US-TUSTIN PARK SITE
It was moved b~, Ed~.ar, seconded by Hoesterey, to receive and file
subject report. The motion carried 5-0.
XIII. OTHER BUSINESS
1. EXCEEDING THE SPEED LIMIT ON SECOND STREET
Speaking for Former Mayor Art Charlton, Mayor Pro Tem Kennedy
requested the Police Department monitor Second Street between the
hours of 4:00- 5:30 p.m. because of excessive speeding in the area.
2. TRAS)4 COLLECTION CANS FOR 7-11 STORE
A1 so at Mr. Charlton's request, Mayor Pro Tem Kennedy requested that
a' 'polite letter be sent to 7-11 asking that trash containers for
their customers be provided to reduce littering.
3. CAPITAL IMPROVEMENT LIST
Councilman Edgar commended Robert Ledendecker, Director of Public
Works, for the capital improvement update that included all five
years and gave a graphic position of projects.
4. UPDATING CITY POPULATION SIGNS
Councilman Edgar requested that the City's population signs be
updated to reflect the current population.
CITY COUNCIL MINUTES
Page 10, 8-1-88
5. SPEED BUNPS ON RESIDENTIAL STREETS
Councilman Edgar stated that one Orange County area had instituted
the use of speed bumps on some residential streets. He felt that
because some motorists do speed and jeopardize the community, he
asked that the Police Department submit specific measures, such as
speed bumps, to prevent the misuse of residential streets.
Mayor Hoesterey related his unfavorable experience with speed bumps.
6. MINUTES TO REFLECT EVERYONE ADDRESSING THE COUNCIL
.Council concurred that minutes'will reflect everyone who formally
addresses the Council during a meeting.
7. COMIqENDATION FOR POLICE DEPARTMENT
· .
Councilman Prescott commended the Police Department for their recent
work involving bank robbery and action on First Street.
8. ADDITIONAL PARKING ON FIRST STREET
Mayor Hoesterey requested that the City Engineer review the extent
of red curbs on First Street west of Centennial. Since the corner
had been developed, many business owners had requested additional
parking.
g. DISCOUNT ON O)LF COURSE FEES FOR CITY RESIDENTS
Mayor Pro Tern Kennedy requested staff to remind the I rvine Company
of the Council's desire to provide a city resident discount for the
Tustin Ranch Golf Course.
XI V. ADJOURNMENT
At 8:44 p.m., the meeting recessed to the Redevelopment Agency, then
adjoUrned to interviews of the Parks and Recreation Commission
applicants on August 2, 1988, at 7:00 p.m., and then to the next Regular
Meeting on August 15, 1988.
MAYOR
CITY CLERK